Date of Filing:14.06.2007<br /> Date of Order: 07.01.2008<br /> <br /> <br /> <br /> BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE-20<br /> <br /> Dated: 7TH DAY OF JANUARY 2008<br /> PRESENT<br /> <br /> <br /> <br /> Sri. S.S. NAGARALE, B.A, LL.B. (SPL.), President.<br /> Smt. D. LEELAVATHI, M.A.LL.B, Member.<br /> Sri. BALAKRISHNA. V. MASALI, B.A, LL.B. (SPL.), Member.<br /> <br /> <br /> <br /> COMPLAINT NO: 1179 OF 2007 <br /> <br /> Babu Prasad.N,<br /> R/o No. 5th Main,<br /> 4th Cross, R.P.C. Layout, Vijaya Nagar,<br /> II Stage, Bangalore-560 040. Complainant<br /> <br /> V/S<br /> The Director/Administrator,<br /> Varalaxmi Nursing and Maternity Home,<br /> II Stage, Rajajinagar, Bangalore-10. Opposite Party<br /> <br /> ORDER<br /> <br /> This complaint is filed U/Sec.12 of the Consumer Protection Act, 1986 for refund of Rs.10,000/- with compensation.<br /> The facts of the case are that, the wife of complainant Smt. Sujatha was admitted to the opposite party hospital on 6/3/2007 and on that day he has deposited Rs. 10,000/- towards advance amount. The receipt is given. She was discharged from the Hospital on 9/3/2007. At the time of discharge complainant paid Rs.34,500/- by cash to the opposite party hospital and final settlement bill is given. Opposite party Hospital by mistake issued final bill for Rs.34,500/- without deducting the advance amount of Rs.10,000/- which had been paid by the complainant. Complainant requested for repayment of amount of Rs. 10,000/-. However the opposite party refused to repay the amount. Hence, the complaint.<br /> 2. Notice was issued to opposite party and the opposite party has put in appearance and filed defense version denying the case and putting the complainant to prove his case.<br /> 3. Affidavit evidence filed. Arguments are heard. <br /> 4. The point for consideration is:-<br /> Whether the complainant is entitled for <br /> refund of Rs.10,000/-? <br /> <br /> <br /> REASONS<br /> 5. It is an admitted case that, the wife of complainant Smt. Sujatha was admitted to opposite party hospital on 6/3/2007 and she was discharged on 9/3/2007. The opposite party has produced a receipt dated 6/3/2007 of the opposite party. By this receipt it is very clear that the opposite party hospital has received Rs.10,000/- as advance from the complainant. On 9/3/2007 a final bill was prepared by the opposite party hospital for Rs.34,500/- and the hospital has received the entire amount in cash. The advance amount of Rs.10,000/- paid by the complainant had not been given deduction. Therefore, it is a mistake and deficiency in service. The opposite party Hospital should have honorably without any objections could have returned the amount of Rs.10,000/- to the complainant by noticing the mistake. But in spite of that, the Hospital has taken unnecessary objections. So, this type of attitude on the part of the opposite party is not good. Medical service deemed to be a noble service. Doctors are held in high respect and regard by the Indian Society. The Doctors do services to the patient with all dedication and sacrifice. By the receipt produced by the complainant it has been clearly established that on 6/3/2007 Rs.10,000/- was paid towards advance and at the time of preparation of final bill the concerned staff did not give deductions of the advance amount in the final bill. Therefore, it is only mistake of the staff member of the hospital. Therefore, the Hospital should return the amount to the complainant forthwith. In the result, we proceed to pass the following:- <br /> ORDER<br /> <br /> 6. The complaint is allowed. The opposite party is directed to refund Rs.10,000/- to the complainant forthwith. The complainant is also entitled to Rs. 1,000/- towards costs of the present litigation.<br /> 7. Send the copy of this Order to both the parties free of costs immediately. <br /> <br /> 8. Pronounced in the Open Forum on this 7TH DAY OF JANUARY 2008.<br /> Order accordingly,<br /> <br /> <br /> MEMBER MEMBER PRESIDENT<br /> <br /> <br />